Amberley O.S.H.C.

Children are our future, We are dedicated to their success!

5.3 Food Act Compliance

Amberley OSHC acknowledges the implications of the Food Act 2006 on the provision of suitable snacks and/or meals provided as part of the OSHC program.  Depending upon the nature of the food provided, the amount provided and the structure of the OSHC service, the implication of the Food Act 2006 may involve Amberley OSHC required to be licensed as a food handling premises.

Relevant Laws and other Provisions

The laws and other provisions affecting this policy include:

  • Education and Care Services National Law Act, 2010 and Regulations 2011
  • Food Act 2006
  • Australia and New Zealand Food Safety Standards – Chapter 3 Food Safety Standards (Australia only)
  • Local Government Authority
  • NQS Area: 2.1.3; 2.2.1; 3.1.2; 7.1.1.
  • Policies: 3 – Hygiene, 5.1 – Food Handling and Storage, 5.2 – Food and Nutrition


The Food Act 2006 requires non-profit organisations who conduct a food business to be licensed with their local government if meals are sold on at least 12 days of the financial year.  However, a license is not required if the meals:

  • Consist only of fruit, cereal, toast or similar food, or the consumer of the meal helps to prepare;
  • Are pre-prepared by an entity other than the organisation and are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacturer; or
  • Are part of an educational or training activity conducted by the organisation.

Where Amberley OSHC is required to be licensed as a food handling business under the Food Act 2006, compliance shall be monitored through the implementation of a Food Safety Supervisor and Food Safe Program.

Where Amberley OSHC is exempt from becoming a Licensable Food Business under the Food Act 2006, services are to comply with the intentions of the Food Act 2006 by:

  • Ensuring food sold is safe and suitable for consumption by complying with the National Food Safety Standards;
  • Maintaining compliance with the National Quality Standards (not a requirement of the Food Act 2006);
  • Complying with the Education and Care Services National Law 2010 and Regulations 2011.

Compliance under this policy shall be self-regulated.  (Amberley OSHC may access and use the resource “Know Your Food Business – a self-assessment guide to the ‘Food Safety Standards’ available from Queensland Health).

The Nominated/Certified Supervisor (or other appropriately delegated senior educator) shall work through the self-audit tool annually, ensuring compliance with all necessary requirements.

Reviewed 23 March 2015, Updated 12 May 2015, Updated 30 May 2017

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